State v. Johnson

(dissenting). ' Section 8991, Code 1919, upon which the 'indictment here is based, first appeared in our law as section 39 of article 2, chapter 222, Laws .1909, and was amended to its present form by section 43, art. 2, c. 102, Laws ,1915. The source statute is section 5209, Rev. St. U. S. (U. S. Comp. .§ 9772), relating to officers and employees of national banking associations, which is followed almost verbatim in our statute. The federal statute first appears as section 55, Act. of June 3, 1864, chapter 106 (13 Stat. L. 116), and has been frequently before the courts since that date, and-…